Current through Register Vol. 61, No. 4, April 1, 2022
This rule applies to estates of decedents who die before
January 1, 2012.
(1) Where property is
left in two or more states by a decedent, the maximum state tax credit allowed
against the federal estate tax is apportioned. The numerator of the
apportionment formula is the value for federal estate tax purposes of the
property within the jurisdiction of this state notwithstanding that some of
such property for Oregon inheritance tax purposes may be exempt, deductible,
appraised at different values or considered in computing a credit. The
denominator of the apportionment formula is the value of the gross estate for
federal estate tax purposes.
(2)
The executor shall, upon demand, file a copy of the federal estate tax return
and such other information deemed necessary by the Department in the
computation of the additional tax. In case of failure to file such returns as
these rules provide, the Department shall compute the tax upon the basis of the
best information available.
(3) If
the amount of federal estate tax is increased or decreased subsequently, the
pick-up tax imposed upon such estate shall be changed accordingly. In such case
it is the duty of the executor to notify the Department of the
changes.
(4) Example of
apportionment of federal credit where decedent leaves property in three states
that impose death taxes:
Value of Oregon property included in federal gross estate -
$500,000
Value of property in State B included in federal gross estate -
100,000
Value of property in State C included in federal gross estate -
100,000
Value of federal gross estate - $700,000
Credit allowable against the federal estate tax for state death
taxes - $3,600
Federal credit apportioned to Oregon - $500,000
$700,000 x $3,600 = $2,570
Oregon tax - $2,570
Notes
Or.
Admin. R. 150-118-0050
9-71;
12-19-75, Renumbered; 1-1-77, 12-31-77, Renumbered; TC 19-1979, f. 12-20-79,
cert. ef. 12-31-79; TC 8-1980, f. 11-28-80, cert. ef. 12-31-80; Repealed by RD
4-1997, f. 9-12-97 cert. ef. 12-31-97, Renumbered from 150-118.100(2); REV
6-2012, f. 7-20-12, cert. ef. 8-1-12; REV 8-2013, f. & cert. ef. 12-26-13;
Renumbered from 150-118.010(3),
REV
9-2016, f. 8-10-16, cert. ef.
9/1/2016;
REV
34-2017, f. & cert. ef.
7/24/2017
Stat. Auth.: ORS
305.100
Stats. Implemented: ORS
118.010
